Terms & Conditions A. ALL USERS 1. Content INFRARED IMAGING SYSTEMS, INC. (hereinafter referred to as 'Company') hereby provides access to the information, data and materials of this site and other sites accessed through this site (hereinafter collectively referred to as 'Content') subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms hereof. 2. Proprietary Rights 2.1 The Content provided on this site, including, but not limited to the text, graphics, logos and images is the exclusive property of and proprietary to Company and applicable third parties who have granted Company the right and/or license to use such and is protected by the United States and international laws. 2.2 INFRARED IMAGING SYSTEMS, INC., IRIS VASCULAR VIEWER and all other applicable marks/logos are trademarks and/or service marks of the Company. 2.3 irimagesys.com is a registered internet domain of the Company. 2.4 All names, products and services (other than those of the Company) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties. 2.5 Except as expressly permitted under the United States and international copyright, trademark and other intellectual property law, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the Content provided on this site in any way for any public or commercial purposes without prior written authorization by Company. 2.6 In the event you believe that any content or activities on this site infringe your intellectual property rights, please immediately notify the Company in writing of such with proper identification and supporting materials. 3. Conditions Of Access/Use 3.1 As a condition of your access and use of this site, you will not access and use this site for any unlawful purpose. 3.2 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including without limitation, tax laws, custom duties, import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site. 3.3 You agree to comply with all applicable laws regarding the transmission of technical data exported from or imported to the United States and the country in which you reside. 3.4 You agree to abide by all the proprietary notices contained in the Content of this site and retain such notices in any copy thereof, in whole or in part. 4. Dealings Through This Site 4.1 Advertisers, listing posters or other third parties. Sites linked to this site are not associated/affiliated with Company and are not within Company's control. Company assumes no obligation or liability for the acts or omission of those sponsors or such sites whatsoever. 4.2 Any dealings with any parties other than the Company present on this site or participating in their promotions through this site are solely between you and such parties. The Company shall not be responsible or liable for any part of any such dealings or promotions, including without limitation the delivery, terms and conditions, warranties or representations associated therewith. 4.3 The Company is not a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving the Company. 5. Downloads 5.1 Any software or content downloaded from this site is subject to applicable license terms for the use of such material. 5.2 Some content which may be downloaded from this site may be subject to government control or other restrictions. By visiting and using this site, you acknowledge these restrictions and agree to be subject thereto and to comply therewith. 6. Service/Product Availability This site may contain references to products, programs and services that are not announced or available to you. Such references, if any, shall not imply that any party intends to announce such products, programs or services to you. You should consult the business representatives of any offering party for information regarding the products, programs and services that may be available to you. 7. Agency In the event you access and use this site on behalf of another person or entity, you nevertheless accept liability for wrongful use of this site. 8. Communications 8.1 You are permitted to communicate through or to this site (hereinafter referred to as 'Communications'), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of other's privacy, hateful, or racially, ethically or otherwise objectionable. 8.2 You shall take full responsibility for any Communications sent to or through this site, and shall hold Company, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any liabilities incurred as a result of or in connection with your Communications. Company shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this site. 8.3 Company is not a party to any user-to-user Communications and shall have no obligation or liability with respect thereto. 8.4 Unless otherwise agreed upon in writing, any Communications transmitted or posted to or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications you grant the Company an unrestricted and irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that the Company is free to copy, distribute, incorporate and otherwise use any data, images, sounds, text ideas, concepts, know-how, techniques or otherwise that you send to this site for any commercial or non-commercial purpose without limitation and without attribution or compensation to you. 8.5 The Company may but shall have no obligation to monitor, limit or restrict or retain or forward the content of any Communications in Company's sole discretion. 8.6 The Company reserves the right at all times to review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. By doing such, however, the Company does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such Communications. 9. Ownership of Data The Company is the sole owner of all rights, title and interest to and in this site, the database and compilation thereof, and the derivative data generated therefrom. 10. System Performance The availability of this site and the response time or other performance of this site are not guaranteed at any level or for any period of time. The Company reserves the right in its sole discretion to temporarily or permanently filter or block electronic messages. B. OTHER TERMS APPLICABLE TO ALL USERS 11. Notices Any notices from the Company to you shall be deemed given if sent by email. 12. General Disclaimer And Disclaimer Of Warranty 12.1 This site and the Content provided on this site may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this site are not guaranteed. 12.2 The Company does not warrant that this site and its linked sites are free of such items as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto. 12.3 NO OFFER OR SOLICITATION IS MADE BY THE COMPANY HEREIN AND NONE MAY BE INFERRED. 12.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED 'AS IS'. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED HEREBY NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13. Limitation Of Liabilities IN NO EVENT SHALL COMPANY OR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$100.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTED FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM LEAVING THIS SITE VIA A LINKED SITE, OR RESULTED FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 14. Non-Exclusive Revocable License Access and use of this site are subject to a limited, non-exclusive and revocable license from the Company which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of the Company then in effect. 15. Indemnification By accessing or using this site, you agree to indemnify and hold harmless the Company from any loss, damages, including without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, and expenses, including but not limited to, attorneys' fees, arising or resulting from or in any way connected with your access and/or use of this site. 16. No Assignment Your rights and obligations provided hereunder are not assignable. Any attempt or actual assignment thereof by you shall be null and void unless expressly consented to in writing by the Company. 17. Governing Law Use and access of this site shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of law principles. 18. Jurisdiction Users consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the County of Franklin, State of Ohio, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum. 19. Superseding Construction And Severability 19.1 Each provision provided herein shall be independently enforceable in accordance with its terms. 19.2 Should any provision(s) provided herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is most close to the original commercial intent thereof shall be given to and supersede such provision(s), and the balance hereof shall remain in effect. 20. Survival Of Rights and Remedies 20.1 The rights and remedies of the Company hereunder shall be cumulative and may be exercised concurrently or consecutively at the Company's option and are in addition to the rights and remedies available to the Company at law and in equity, and shall survive the termination of your access and use of this site. 20.2 All rights and remedies not expressly provided herein are hereby reserved by the Company. 21. Revision And Amendment 21.1 No modification or amendment of any provision of this Legal Notice shall be valid unless the same shall be in writing and signed by the Company. 21.2 The Company reserves right to revise or amend this Legal Notice at any time. 22. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN. 23. Entire Agreement By access and use this site, you agree that the terms and conditions contained in the Legal Notice represent the entire understanding between Company and you with respect to your access and use of this Company web site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications.